[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30257-30260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14446]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5833-6]


National Emission Standards for Hazardous Air Pollutants; Final 
Standards for Hazardous Air Pollutant Emissions From Wood Furniture 
Manufacturing Operations; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects errors and clarifies regulatory text in 
the National Emission Standards for Hazardous Air Pollutants; Final 
Standards for Hazardous Air Pollutant Emissions from Wood Furniture 
Manufacturing Operations which was promulgated in the Federal Register 
on December 7, 1995 (60 FR 62930).

EFFECTIVE DATE: June 3, 1997.

FOR FURTHER INFORMATION CONTACT: For information concerning today's 
notice, contact Mr. Paul Almodovar, Coatings and Consumer Products 
Group, Emission Standards Division (MD-13), U.S. EPA, Research Triangle 
Park, NC 27711; telephone (919) 541-0283. For information regarding the 
applicability of this action to a particular entity, contact Mr. Robert 
Marshall, Manufacturing Branch, Office of Compliance, (2223A), U.S. 
EPA, 401 M Street, SW, Washington, DC 20460; telephone (202) 564-7021.

SUPPLEMENTARY INFORMATION:

    Regulated Entities. Entities potentially affected by this action 
are owners or operators of facilities that are engaged, either in part 
or in whole, in wood furniture manufacturing operations and that are 
major sources as defined in 40 CFR Part 63, subpart A, section 63.2. 
Regulated categories include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities   
------------------------------------------------------------------------
Industry.........................  Facilities which are major sources of
                                    hazardous air pollutants and        
                                    manufacture wood furniture or wood  
                                    furniture components.               
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities that the EPA is now aware 
potentially could be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility (company, business, organization, etc.) is regulated by 
this action, you should carefully examine the applicability criteria in 
section 63.800 of the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Wood Furniture Manufacturing Operations that 
was promulgated in the Federal Register on December 7, 1995 (60 FR 
62930) and codified at 40 CFR Part 63, subpart JJ. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    The information presented below is organized as follows:

I. Background.
II. Summary of and Rationale for Rule Corrections.

[[Page 30258]]

    A. Applicability.
    B. Definitions.
    C. Tables.
III. Administrative Requirements.
    A. Docket.
    B. Paperwork Reduction Act.
    C. Executive Order 12866.
    D. Regulatory Flexibility Act.
    E. Regulatory Review.
    F. Unfunded Mandates Act.
    G. Submission to Congress and the General Accounting Office.

I. Background

    On December 7, 1995 (60 FR 62930), the EPA promulgated the NESHAP 
for Wood Furniture Manufacturing Operations. These standards were 
codified as subpart JJ in 40 CFR Part 63. This action contains 
corrections to the final standards. These corrections clarify the 
applicability of the final rule and several definitions, and correct 
cross-references and table entries.
    By issuing these corrections directly as a final rule, the EPA is 
foregoing the issuance of a Notice of Proposed Rulemaking (NPRM) and 
the opportunity for public comment. Such a curtailed procedure is 
permitted by section 553(b) of the Administrative Procedure Act, 5 
U.S.C. Sec. 553(b), and section 307(d) of the Clean Air Act (CAA), 42 
U.S.C. Sec. 7607(d), when issuance of a proposal and public comments 
would be impracticable, unnecessary, or contrary to the public 
interest. The EPA is publishing this action without prior proposal 
because these are non-controversial changes that clarify and correct 
the final rule. The EPA finds that this constitutes good cause under 5 
U.S.C. Sec. 553(b) for a determination that the issuance of an NPRM is 
unnecessary. Moreover, since today's action does not create any new 
regulatory requirements, the EPA finds that good cause exists to 
provide for an immediate effective date.

II. Summary of and Rationale for Rule Corrections

A. Applicability

    Paragraph (a) of section 63.800 of 40 CFR Part 63, subpart JJ is 
revised by replacing the word ``criteria'' with ``definition,'' and the 
phrase ``incidental furniture manufacturer'' with ``incidental wood 
furniture manufacturer.'' These changes are being made to correct 
editorial errors in order to clarify the applicability of the final 
rule.
    Paragraph (b) of section 63.800 of 40 CFR Part 63, subpart JJ is 
revised by replacing the phrase ``finishing materials, adhesives, 
cleaning solvents and washoff solvents'' with ``finishing materials, 
adhesives, cleaning solvents and washoff solvents used for wood 
furniture and wood furniture component manufacturing operations.'' This 
change is being made in response to comments from small metal furniture 
manufacturers who use many of these same materials to manufacture both 
metal and wood furniture. The change clarifies the EPA's intent that 
this provision be used for determining what percentage of a facility's 
hazardous air pollutant (HAP) emissions are generated by these listed 
materials used in making wood furniture and wood furniture components. 
Facilities qualify for an exemption from the requirements of the wood 
furniture NESHAP if their usage of these materials for wood furniture 
or wood furniture components manufacturing operations is below the 
cutoff levels and at least 90 percent of their annual HAP emissions are 
from materials used in wood furniture or wood furniture components 
manufacturing.
    Paragraph (b)(3) of 40 CFR Part 63, subpart JJ, section 63.800 is 
revised to replace the phrase ``uses materials containing no more 
than'' with ``emits no more than.'' The criterion in this paragraph for 
area source designation under this subpart is the amount of HAP emitted 
annually, not the amount used annually.

B. Definitions

    The EPA has determined that several definitions should be revised 
either to correct errors that were in section 63.801, or to reflect 
additional information submitted to the EPA after promulgation of the 
final rule, or to further clarify issues that have been raised since 
promulgation of the final rule.
    The EPA has revised the definition of ``certified product data 
sheet (CPDS)'' by adding the concentration levels at which volatile 
hazardous air pollutants (VHAP) compounds must be reported. This change 
is in response to concerns raised by industry suppliers. This revision 
will allow suppliers furnishing CPDS to the industry to easily identify 
which VHAP compounds must be reported on the CPDS.
    The EPA has revised the definition of ``coating'' by adding a 
sentence that states, ``Aerosol spray paints used for touchup and 
repair are not considered coatings under this subpart.'' This change 
clarifies the EPA's intent not to regulate these types of coatings at 
this time due to their low usage for touch up and repairs in wood 
furniture manufacturing operations. In addition, there is concern from 
industry representatives that it would be difficult to purchase or 
reformulate aerosol spray paints that meet the limits specified in the 
standards.
    The reference to Table b in the definition of ``VHAP of potential 
concern'' under section 63.801 of this subpart has been corrected. The 
definition references ``Table b of this subpart,'' but should reference 
``Table 6 of this subpart.''

C. Tables

    Two entries in Table 3 ``Summary of Emission Limits'' have been 
revised. Under the Finishing Operations listing, the term VHAP has 
replaced the term HAP both in item (b) and also in footnote b to Table 
3. This change was made because the percent component of VHAP is the 
component of interest for this NESHAP.

III. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all of the 
information submitted to, or otherwise considered by, the EPA in the 
development of this rulemaking. The docket is a dynamic file, since 
material is added throughout the rulemaking development. The docketing 
system is intended to allow members of the public to readily identify 
and locate documents to enable them to participate effectively in the 
rulemaking process. The contents of the docket serve as the record in 
case of judicial review (except for interagency review materials) 
(section 307(d)(7)(A) of the CAA, 42 U.S.C. Sec. 7607(d)(7)(A)).

B. Paperwork Reduction Act

    There are no additional information collection requirements 
contained in this correction to the final rule. Therefore, approval 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., is not required.

C. Executive Order 12866

    Under Executive Order 12866, the EPA is required to determine 
whether a regulation is ``significant'' and therefore subject to Office 
of Management and Budget review and the requirements of this Executive 
Order to prepare a regulatory impact analysis. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may (1) have an annual effect on the economy of 
$100 million or more, or adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or

[[Page 30259]]

planned by another agency; (3) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this action is not a ``significant regulatory action'' 
within the meaning of the Executive Order, because it only provides 
technical corrections to the existing NESHAP.

D. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. EPA has also 
determined that this rule will not have a significant economic impact 
on a substantial number of small entities. This correction notice makes 
clarifying amendments to the Wood Furniture Manufacturing Operations 
NESHAP, including applicability, definitions, and summary table 
corrections. These amendments will not place any additional 
requirements on any entity affected by this rule, including small 
entities. Therefore, these amendments will not have a significant 
impact on a substantial number of small entities. Consequently, a 
regulatory flexibility analysis is not required and has not been 
prepared.

E. Regulatory Review

    In accordance with sections 112(d)(6) and 112(f)(2) of the CAA, 
this regulation will be reviewed within 8 years of the date of 
promulgation. This review may include an assessment of such factors as 
evaluation of the residual health risk, any overlap with other 
programs, the existence of alternative methods of control, 
enforceability, improvements in emission control technology and health 
data, and recordkeeping and reporting requirements.

F. Unfunded Mandates Act

    The economic impact analysis performed for the original rule showed 
that the economic impacts from implementation of the promulgated 
standards would not be ``significant'' as defined in Executive Order 
12866. No changes are being made in these amendments that would 
increase the economic impacts. The EPA prepared the following statement 
of the impact of the original rule in response to the requirements of 
the Unfunded Mandates Reform Act.
    There are no Federal funds available to assist State, local, and 
Tribal governments in meeting these costs. There are important benefits 
from volatile organic compounds and HAP emission reductions because 
these compounds have significant, adverse impacts on human health and 
welfare, and on the environment. The rule does not have any 
disproportionate budgetary effects on any particular region of the 
nation, State, local, or Tribal government, or urban, rural, or other 
type of community. On the contrary, the rule will result in only a 
minimal increase in the average product rates (less than 1 percent). 
Moreover, the rule will not have a material effect on the national 
economy.
    Throughout the regulatory negotiation process prior to issuing the 
final rule on December 7, 1995, the EPA provided numerous opportunities 
for consultations with interested parties (e.g., public comment period; 
opportunity for a public hearing (none was requested); meetings with 
industry, trade associations, State and local air pollution control 
agency representatives, environmental groups, State, local, and Tribal 
governments, and concerned citizens). Although small governments are 
not significantly or uniquely affected by this rule, these procedures, 
as well as additional public conferences and meetings, gave small 
governments an opportunity to give meaningful and timely input and 
obtain information, education, and advice on compliance.
    Prior to the promulgation of the rule in 1995, the EPA considered 
several regulatory options. The final rule represents the least costly 
and least burdensome alternatives currently available for achieving the 
objectives of section 112 of the CAA. All of the regulatory options 
selected are based on pollution prevention measures. Finally, after 
careful consideration of the costs, the environmental impacts, and the 
comments, the EPA decided that the MACT floor was the appropriate level 
of control for this regulation.

G. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. Sec. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. House 
of Representatives and the Comptroller General of the General 
Accounting Office prior to publication of the rule in today's Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
Sec. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements, Wood furniture 
manufacturing.

    Dated: May 19, 1997.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, Title 40, Chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart JJ--National Emission Standards for Wood Furniture 
Manufacturing Operations

    2. Section 63.800 is amended by revising paragraph (a) and the 
first sentence of paragraphs (b) introductory text and (b)(3) to read 
as follows:


Sec. 63.800  Applicability.

    (a) The affected source to which this subpart applies is each 
facility that is engaged, either in part or in whole, in the 
manufacture of wood furniture or wood furniture components and that is 
located at a plant site that is a major source as defined in 40 CFR 
part 63, subpart A, Sec. 63.2. The owner or operator of a source that 
meets the definition for an incidental wood furniture manufacturer 
shall maintain purchase or usage records demonstrating that the source 
meets the definition in Sec. 63.801 of this subpart, but the source 
shall not be subject to any other provisions of this subpart.
    (b) A source that complies with the limits and criteria specified 
in paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area 
source for the purposes of this subpart and is not subject to any other 
provision of this rule, provided that: In the case of paragraphs (b)(1) 
and (b)(2), finishing materials, adhesives, cleaning solvents and 
washoff solvents used for wood furniture or wood furniture component 
manufacturing operations account for at least 90 percent of annual HAP 
emissions at the plant site, and if the plant site has HAP emissions 
that do not originate from the listed materials, the owner or operator 
shall keep any records necessary to demonstrate that the 90 percent 
criterion is being met. * * *
* * * * *

[[Page 30260]]

    (3) The source emits no more than 4.5 Mg (5 tons) of any one HAP 
per rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any 
combination of HAP per rolling 12-month period, and at least 90 percent 
of the plantwide emissions per rolling 12-month period are associated 
with the manufacture of wood furniture or wood furniture components.
* * * * *
    3. Section 63.801 is amended by revising the definitions for 
``certified product data sheet,'' ``coating,'' and ``VHAP of potential 
concern'' to read as follows:


Sec. 63.801  Definitions.

* * * * *
    Certified product data sheet(CPDS) means documentation furnished by 
coating or adhesive suppliers or an outside laboratory that provides:
    (1) The VHAP content of a finishing material, contact adhesive, or 
solvent, by percent weight, measured using the EPA Method 311 (as 
promulgated in this subpart), or an equivalent or alternative method 
(or formulation data if the coating meets the criteria specified in 
Sec. 63.805(a));
    (2) The solids content of a finishing material or contact adhesive 
by percent weight, determined using data from the EPA Method 24, or an 
alternative or equivalent method (or formulation data if the coating 
meets the criteria specified in Sec. 63.805 (a)); and
    (3) The density, measured by EPA Method 24 or an alternative or 
equivalent method. Therefore, the reportable VHAP content shall 
represent the maximum aggregate emissions potential of the finishing 
material, adhesive, or solvent in concentrations greater than or equal 
to 1.0 percent by weight or 0.1 percent for VHAP that are carcinogens, 
as defined by the Occupational Safety and Health Administration Hazard 
Communication Standard (29 CFR part 1910), as formulated. Only VHAP 
present in concentrations greater than or equal to 1.0 percent by 
weight, or 0.1 percent for VHAP that are carcinogens, must be reported 
on the CPDS. The purpose of the CPDS is to assist the affected source 
in demonstrating compliance with the emission limitations presented in 
Sec. 63.802.* * *
* * * * *
    Coating means a protective, decorative, or functional film applied 
in a thin layer to a surface. Such materials include, but are not 
limited to, paints, topcoats, varnishes, sealers, stains, washcoats, 
basecoats, enamels, inks, and temporary protective coatings. Aerosol 
spray paints used for touch-up and repair are not considered coatings 
under this subpart.
* * * * *
    VHAP of potential concern means any VHAP from the nonthreshold, 
high concern, or unrankable list in Table 6 of this subpart.
* * * * *
    4. Table 3 to subpart JJ is amended by revising the last line under 
item (b) and footnote b as follows:

Table 3--Summary of Emission Limits

* * * * *
    (b) * * *

--thinners (maximum percent VHAP allowable); or * * *
* * * * *
    b Washcoats, basecoats, and enamels must comply with 
the limits presented in this table if they are purchased premade, 
that is, if they are not formulated on site by thinning other 
finishing materials. If they are formulated onsite, they must be 
formulated using compliant finishing materials, i.e., those that 
meet the limits specified in this table, and thinners containing no 
more than 3.0 percent VHAP by weight.
* * * * *
[FR Doc. 97-14446 Filed 6-2-97; 8:45 am]
BILLING CODE 6560-50-P